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Maintenance for flat

(Querist) 07 June 2017 This query is : Resolved 
Hello.

I am Prajnya. I have a query regarding the start date of the maintenance charges by the builder.
I got the flat registered in March 2009 in Bangalore. But the builder is charging me that I have not paid the pending maintenance dues. When I inquired, they are asking me to pay from May 2008 to March 2009.
Rajendra K Goyal (Expert) 07 June 2017
Has the builder given any analyses / reason / background details of his claim?

When the completion certificate / occupational certificate received and when possession was offered?

What are the terms of sale agreement?

Prajnya (Querist) 07 June 2017
No such things were detailed out. However, I checked the sale deed & no such thing was mentioned.
Dr J C Vashista (Expert) 08 June 2017
Whether the builder has raised any demand in writing, if so, did you seek clarification/ details and challenge it, if no, refuse to pay alleged arrears.

What is the position qua payment of maintenance of other flat owners, who have purchased from the builder, during the same time/before/after you have purchased?
Prajnya (Querist) 08 June 2017
Thank you Sir. We have mailed, but no replies yet. Please let me know how many days should we wait.
We have all written proof from previous manager of the builder stating that no dues remaining from possession date.But the new manager of the builder is insisting to pay 11 months before possession. All this issue has recently started because they will be giving us OC in July.
Adv. Yogen Kakade (Expert) 08 June 2017
I agree with Dr. Vashista
Prajnya (Querist) 08 June 2017
Thank you sir, I am waiting for replies from owners & the builder.
Guest (Expert) 09 June 2017
On which date did you get possession of your flat?

Also what is the date of completion as shown in the completion certificate, if issued by the competent authority.
Dr J C Vashista (Expert) 09 June 2017
Thank you Mr. Yogen Kakade for agreeing with me.
Prajnya (Querist) 09 June 2017
Good morning Dhingra sir.
Unfortunately, we have no written proof of completion date. Verbally, he said the project would be completed by 2007. Now it is 2017.
We booked the flat in 2003 & got possession in 2009.
However, now we are relieved as the builder agreed to what we said to him, as suggested by Vashista Sir. We approached him the same way.
I very much appreciate the advice of Sir Rajendra who guided me to look into my sale deed.
Also deep heart thanks to Sir Yogen.

Thank you all for the support & advice. As common man, we hardly understand laws but with this forum we are able to take the right decision from a day 1.


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